Are you a Texan unable to work because of a recent accident? If so, you could be entitled to compensation for lost wages and earning capacity. The experienced Texas personal injury lawyers at Burch Law Firm can develop a strong case and seek lost wages compensation on your behalf. Contact us now to learn more about your legal options in a free consultation.
Right to Payment for Lost Wages After an Accident
Many people need time off work to recover from injuries after car accidents and other personal injury incidents. During your recovery period, you might miss out on your regular income, causing a financial strain in your life, especially when you tack on medical expenses, car repairs, and other unexpected expenses. However, if someone else was to blame for the accident, they could owe you compensation for the money you can’t make as a result.
By claiming lost wages, you may be able to recover the money you would have earned if the accident had not happened. This can make it easier to manage your finances and focus on getting better without the financial burden caused by lost income.
What Do Lost Wages Include?
When you file a personal injury claim for lost wages after a car accident, you can seek compensation for various types of income you missed out on due to your injuries. This includes more than just your regular paycheck. You could receive compensation through a lost wages claim for the following:
- Regular Salary or Hourly Wages – The basic pay you missed while recovering
- Overtime Pay – Additional income from extra hours you could not work
- Bonuses – Any performance or holiday bonuses you lost because you could not work
- Commissions – Earnings from sales or deals you could not complete
- Promotions and Raises – Potential income increases you missed due to time off work
- Self-Employment Income – Earnings you lost if you are an independent contractor or run your own business
- Sick and Vacation Days – Paid time off you had to use during your recovery
- Job Benefits – Loss of benefits like retirement contributions or health insurance premiums
- Lost Opportunities – Financial losses from missed business opportunities or gigs
An experienced personal injury lawyer can review your claim to determine the total income lost and seek fair compensation.
How Are Lost Wages Calculated?
To successfully claim lost wages after a car accident in Texas, you must provide solid evidence of the income you missed due to your injuries. The calculation can be different for salaried employees vs. hourly employees. Hourly employees multiply their hourly rate by the number of hours they lost. Salaried employees reduce their annual salary to a daily rate and multiply that pay rate by the number of days they missed work.
A personal injury attorney can gather the necessary documents and information to build a strong case, prove the extent of your financial loss, and pursue fair compensation. Types of evidence a lawyer might use for proving lost wages in your personal injury lawsuit include:
- Pay Stubs – Documents showing your regular income and overtime pay from before the accident
- Tax Returns – Past tax returns with detailed records of your annual earnings
- Employer Statements – A letter from your employer to verify your job, salary, and the work hours you missed due to the accident
- Medical Records – Medical documentation regarding the extent of the injuries sustained and the time needed for recovery
- Work Schedules – A copy of your work schedule showing the specific days and hours you missed
- Direct Deposit Records – Bank statements or direct deposit records of your usual income deposits
- Invoices – Invoices from any jobs or contracts you could not complete if self-employed
- Business Records – Financial records from your business demonstrating your typical earnings, such as profit and loss statements and income statements
- Doctor’s Notes – A note from your doctor explaining your medical condition and time off needs
- Witness Statements – Statements from coworkers or supervisors supporting your claim about missed work or job responsibilities
Accidents and Self-Employed Individuals
Claiming compensation for lost income can be challenging if you are self-employed. You might not have regular pay stubs or an employer to verify your income when you work for yourself. With the right evidence, however, you can still prove lost wages.
First, you can gather all financial documents showing your earnings before the accident, including invoices, bank statements, and tax returns. These records help demonstrate your typical income and calculate lost wages resulting from the accident.
Next, collect any contracts or agreements for work you couldn’t complete due to your injuries. If you had to cancel or delay projects, these documents show your lost potential income. Records of communications with clients about the accident’s impact on your work can be helpful, too.
A detailed log of your work schedule and hours can also support your claim. The log should include information about the type of work you do and how your injuries affected your ability to perform it.
Reduced Earning Capacity
If a car accident leaves you with injuries that affect your ability to work in the future or you had to take a lower-paying job due to your injuries, you can claim compensation for reduced earning capacity. This type of compensation covers the difference between what you could earn before the accident and what you can earn now due to your injuries. By presenting the appropriate evidence, you can seek a fair settlement for your reduced earning ability.
Insurance Options for Recovering Lost Wages
If you were involved in a car accident caused by another person, you can seek compensation for your lost wages by filing a claim with the at-fault driver’s insurance company. Liability bodily injury coverage can pay for these damages.
If the driver who caused the accident is uninsured or underinsured, you may be able to file a claim with your own insurance company to help you recover lost wages. You may also have personal injury protection (PIP) coverage on your policy, which may help you get the financial compensation you need after an accident, regardless of who is at fault or whether the at-fault driver has insurance.
If you have health insurance, you can use it during the claims process. However, your insurance company may be able to apply a lien to your car accident settlement to cover the costs it initially paid for.
Contact a Texas Accident Lawyer Today
Don’t let lost wages add to your stress after a Texas personal injury. At Burch Law Firm, we understand the challenges you face and are here to support you every step of the way. We can help you gather the necessary evidence, build a strong case, and fight for the compensation you deserve for your lost wages. Contact us today for a free consultation to get started.
